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Brother living in inherited house, banning siblings from visiting, probate

107 replies

GudrunM · 20/04/2023 14:29

Hi...

My father died last year, left his house (no mortgage) equally between his 3 offspring , with my sister 53 and brother 42 as executors. My brother has never left the family home, and has I think only worked maybe 3 years in his life, when he was around 20...has never studied, volunteered or travelled. Not sure what he does with his life actually... nothing criminal, not an alcoholic, etc....just a bit of a loner. He also was not my Dad´s carer as my Dad was very healthy and able up until his death.

Thing is, my Dad left a little note, signed by himself ( not as part of his will) stating that my brother can ´stay in the house, rent free, only paying household bills, for as long as he wants´!!

My sister & I are pretty sure throughout his life, he barely contributed anything for rent to my Dad, or to cover bills...so of course he is taking full advantage of this continued rent free situation ( lovely, 3 bed semi, with a garage and garden) , and banned us from the home since 3 weeks after the funeral. He calls it ´his home!´

A solicitor has already said the note is not legally valid, but my sister and I decided to honour Dad´s wishes for a ´while´, ideally 1 year, to give our brother time to find his direction & find his own , 1st home, something not so difficult, as we are set to inherit around 100 thousand each from Dad´s house.

He also started a legal case against my sister, stating he cannot complete probate, as she lied about not owing Dad any money. (not true) The brother has spent almost 1 year now, searching around Dad´s rather muddled financial receipts, looking for any scrap of paper that may suggest any loans took place, even going back to 2004!.... He seems to hold some kind of vendetta against my sister, as she often tried to gently bring up when visiting, his lack of ambition, travel, work, even volunteering....and also not paying rent.

The younger brother states that attempting to visit him , in his home would be seen as ´harrassment & intimidation`!!

I can honestly say that Dad would be weeping, to see how things are, not even 1 year after his passing!

My sister has a husband , both working full time, and 2 children, just starting Uni.

I live in a small, rented place, have always worked too, often 2 jobs, and travel a lot.

For us both, this amount of money could make a massive difference in our lives, but we are equally frustrated and at a loss of what to do, without destroying what relationship we may have still, or being seen as vultures.

Plus, I don´t know how he handles real life, and stress, etc...but he seems to be happily prolonging everything for the sake of it, with the solicitor case against my sister, etc.

The main and deeply upsetting thing is what my brother has become....and that we can´t visit my late Dad´s home, for memories and to handle our grieving processes...
When I write sweetly to him, or send gifts, he mainly just ignores me.
Does anyone have any ideas how to progress? Thanks!!!!

OP posts:
KievLoverTwo · 20/04/2023 14:42

You might get more advice posting in Property/DIY than here.

Why did your dad write that note if he was fully fit? Why would be purposefully do you and your sister out of your inheritance for the rest of your brother's life? Honestly: I would question if HE wrote it.

And yeah, I'd get a solicitor on your brother's back. This situation very much suits him and he's being a dick and is showing no signs of wanting a healthy relationship of either of you, so he can get his own way.

VincentVaguer · 20/04/2023 14:44

It's not legally binding. Get a solicitor and sell. Or he can buy you out if he wants.

MissLucyEyelesbarrow · 20/04/2023 14:52

There are two separate questions:

  1. Does your brother have a legal right to prevent a sale? IANAL but I see your solicitor has said no.

  2. Can you get him out without spending most of your inheritance on legal fees?

It's (2) that is going to be the tricky one. If you go to court, you will burn through the 100k in a heartbeat. The fact that your DB has never left home may muddy the waters, in terms of whether he was your DF's dependant. Even if you win, it may not be worth the cost in fees. You need to ask your solicitor what your other - cheaper - options for legal enforcement are.

Boughtitdownthemarket · 20/04/2023 17:39

Take him to court and force a sale. Your relationship is dead anyway if he's banned you from the house. He's a cheeky fucker, just seeing what he can get away with. Start by going to a solicitor and get the ball rolling.

Boughtitdownthemarket · 20/04/2023 17:41

To be honest, even if court cost loads of money, I'd still move to sell but then I'm bloody minded like that.

CordyLines · 20/04/2023 18:00

The note is not legally binding, such instructions must be in the will.

Get solicitor to send him a letter advising him that he is not legally entitled to stay in the property indefinitely. The house is left amongst all three of you, not just him, and get the point across.

If he counter claims, let him, the costs will be on him.

I am BAAAD, but if he didn't play ball I would move in for a month, then get sister to do the same and alternate between you. Then send husbands and kids for a holiday oh la la.

Look I know it is serious and frustrating, but you have to be practical. First off formally let him know via solicitor that he has no right to live there, the property must be sold and the proceeds divided amongst you. Then Plan B if he refuses. You might need to squat with him.

Whichnumbers · 20/04/2023 19:18

Can someone really ban you from a house you partially own?

whats to stop you moving into the house?

carly2803 · 20/04/2023 19:47

get a court order and get it sold

he is a cheeky fucker and will refuse to move if you leave it too long.

your relationships is gone anyhow if he wont even let you in

Danikm151 · 20/04/2023 19:51

Move in. Tell him it makes no sense to rent when you OWN part of a house

EmmaEmerald · 20/04/2023 19:51

carly2803 · 20/04/2023 19:47

get a court order and get it sold

he is a cheeky fucker and will refuse to move if you leave it too long.

your relationships is gone anyhow if he wont even let you in

I'm afraid I think this is it

TomatoSandwiches · 20/04/2023 19:53

Why do you care about maintaining a relationship with him, he is already instructing a solicitor against your sister, being sweet to him means nothing, he is a loner but sounds fully competent as he is trying to manipulate the situation to his benefit.
People who are nice but dim are not capable of this.
Go to court, force the sale and get the inheritance your father left you, dontske any notice of the note, it isn't legally binding.

DogInATent · 20/04/2023 19:56

Your sister needs to speak to a solicitor about what she can do to have you brother removed as executor if he's being hostile and blocking completion of probate.

Suzi888 · 20/04/2023 20:05

Firstly I am sorry your dad has passed.

It’s very reasonable of you to allow him to stay in the house for a year, but I’m not sure if you should do this off your own back. You can’t force him to leave either.

I would get legal advice and proceed from there. What does the will say about the contents of the home? Did your dad leave you/siblings any specific heirlooms/ objects?

You’ve attempted to speak to him and communication has broken down. I think he just wants the house and hopes you’ll both let him keep it. I’d be wary of whether he will maintain the property / sabotage a sale.

Do you believe your father wrote the note? Or did your brother…might give an inkling as to your brothers intentions, though he’s making it pretty clear by being so hostile.

Wonnle · 20/04/2023 20:21

If he will not agree to selling or buying you out you need to get legal on him if you want your share by the sounds of it

tailinthejam · 20/04/2023 20:21

Is a solicitor dealing with the estate and probate? They would be the best person to sort things out, and know how to proceed. It can't be all that unusual for family members to seriously fall out over a will/property.

Aslanplustwo · 20/04/2023 20:27

Why are you pussyfooting around this man? I would be getting your solicitors onto the case. Your father's note is not a part of the will, so I can't see how it can hold any weight. Did he even write it - I would be very suspicious. If I had a sibling and they behaved like this I would not be "writing sweetly to him", or sending gifts. If you and your sister don't act you will not see a penny from this house!

Eggseggseverywhere · 20/04/2023 20:29

Rip the band aid and get him out ASAP.
He will have money to buy elsewhere to live. Get in there before any sentimental stuff is long gone.

drpet49 · 20/04/2023 20:33

VincentVaguer · 20/04/2023 14:44

It's not legally binding. Get a solicitor and sell. Or he can buy you out if he wants.

This. The note (if your dad actually wrote it) isn’t worth the paper it was wrote on. It has no legal status.

CordyLines · 20/04/2023 21:08

Surely after probate the solicitor will immediately arrange to have the house registered in your three names? Well that is what happened in our family's case. We each were registered as 1/3rd owners as tenants in common. That was purely to give us time to sort the house out and get it ready for sale. To be fair we didn't have the same issue as you do.

Keep on at the solicitor. Do not let this issue drag on. Allowing him to stay there is a rod for your own back, he will never go. Give him a month to get his act together, and if he plays nasty move in yourself. He can't say anything even if he believes he is allowed to live there on the evidence of a spurious "note". A note that has no legal standing and no one knows if your father actually wrote it himself or not. Was the note witnessed by anyone? Doesn't matter anyway, the will speaks and not a letter of wishes. Was the note an actual codicil to the will, if that's the case, it could be enforceable, but I'm guessing it's not.

He owns 1.3rd of the house that's it. I would definitely move in myself and swop with sister every few days if he refuses to move out. Fire with fire.

Minjeata · 20/04/2023 21:20

You have been very kind, but your brother ( if mentally well) is a taker. He lived off your parents for all of his life. He is hoping hostility gets you to back off. That’s how people like this operate.
Please remember that your brother will have £100000 to keep him warm when you sell.

Bluebells1970 · 20/04/2023 21:23

Your first mistake was to honour that letter. Your second is trying to attempt to be reasonable with someone that is unreasonable.

Does this mean that you don't even have probate? As it stands, you need to assert your legal rights here, and fast. Get a solicitor onto it.

FrangipaniBlue · 20/04/2023 22:24

I agree with other, just move in yourself and invite your sister and her family round to visit you on a weekly basis 😂

GudrunM · 21/04/2023 00:55

Wonnle · 20/04/2023 20:21

If he will not agree to selling or buying you out you need to get legal on him if you want your share by the sounds of it

thanks for your advice, but if you read the whole thing, you´ll see that us wanting the house is the very least of this whole problem, but thank you!

OP posts:
GudrunM · 21/04/2023 00:59

CordyLines · 20/04/2023 21:08

Surely after probate the solicitor will immediately arrange to have the house registered in your three names? Well that is what happened in our family's case. We each were registered as 1/3rd owners as tenants in common. That was purely to give us time to sort the house out and get it ready for sale. To be fair we didn't have the same issue as you do.

Keep on at the solicitor. Do not let this issue drag on. Allowing him to stay there is a rod for your own back, he will never go. Give him a month to get his act together, and if he plays nasty move in yourself. He can't say anything even if he believes he is allowed to live there on the evidence of a spurious "note". A note that has no legal standing and no one knows if your father actually wrote it himself or not. Was the note witnessed by anyone? Doesn't matter anyway, the will speaks and not a letter of wishes. Was the note an actual codicil to the will, if that's the case, it could be enforceable, but I'm guessing it's not.

He owns 1.3rd of the house that's it. I would definitely move in myself and swop with sister every few days if he refuses to move out. Fire with fire.

thank you so much! the 1st problem is , and it´s a smart move....as one of the 2 executors, he´s blocked probate! since May last year! we can´t do anything without his say so! he cancelled the solicitor that my sister appointed straight after Dad´s death....

OP posts:
GudrunM · 21/04/2023 01:06

Bluebells1970 · 20/04/2023 21:23

Your first mistake was to honour that letter. Your second is trying to attempt to be reasonable with someone that is unreasonable.

Does this mean that you don't even have probate? As it stands, you need to assert your legal rights here, and fast. Get a solicitor onto it.

thank you!!!! the clearest message ever! can a solicitor just override his probate block??!!

OP posts: